[HISTORY: Adopted by the Board of Chosen
Freeholders (now Board of County Commissioners) of Atlantic County
3-14-1989 by Ord. No. 6-1989. Amendments noted where applicable.]
For purposes of use in this chapter, the following
terms, phrases, words and their deviations shall have the meanings
given herein:
Any aircraft, vessel, vehicle, other equipment or container.
Any land, water or building owned by and controlled or leased,
occupied and controlled by the county, including any land or water
used for recreation or conservation purposes, and any street, road,
highway, alley, sidewalk or other right-of-way.
Any waste or combination of waste which poses a present or
potential threat to human health, living organisms or the environment.
"Hazardous waste" shall include but not be limited to waste material
that is toxic, corrosive, irritating, sensitizing, radioactive, biologically
infectious, explosive or flammable.
Any used or unconsumed substance or waste material measuring
less than one cubic foot which has been discarded, whether made of
aluminum, glass, plastic, rubber, paper or other natural or synthetic
material, or any combination thereof, including but not limited to
any bottle, jar or can or any top, cap or detachable tab of any bottle,
jar or can, any lighted or unlighted cigarette, cigar, match or any
flaming or glowing material, or any garbage, trash, refuse, debris,
rubbish, grass clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
A container suitable for the depositing of litter.
Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations and from domestic
and community activities and shall include all other waste materials,
including liquids, except for liquids which are treated in public
sewage treatment plants and except for solid animal and vegetable
wastes collected by swine producers licensed by the State Department
of Agriculture to collect, prepare and feed such wastes to swine on
their own farms.
A.Â
No person shall throw, drop, discard or otherwise
place any litter upon county property other than in a litter receptacle.
With respect to any litter thrown from a conveyance, whether in motion
or not when such conveyance is on county property, there shall be
a rebuttable presumption that the registered owner of the conveyance,
if present in the conveyance, or, in his or her absence, the driver
of the conveyance, is presumed to be responsible for any violation
of this section, if:
B.Â
No person shall discard or dump any solid waste in
any place not specifically designated and authorized pursuant to N.J.S.A.
13:1E-1 et seq. for the purposes of solid waste collection, storage
or disposal.
C.Â
No person shall discard or dump any hazardous waste
in any place not specifically designated and authorized pursuant to
N.J.S.A. 13:1E-1 et seq. for purposes of hazardous waste collection,
storage or disposal.
A.Â
Any person convicted of violating § 90-2A of this chapter shall be subject to a fine of not less than $100 nor more than $500 for each offense.
B.Â
The Atlantic County Division of Public Health may initiate legal proceedings pursuant to N.J.S.A. 26:3A2-25 and N.J.S.A. 13:1E-9f against any person violating § 90-2B or C of this chapter and violators shall be subject to the penalties specified in said statutes, or any amendments thereto, and to the forfeiture provisions specified in N.J.S.A. 13:1K-1 et seq., or any amendments thereto.
Nothing in this chapter is intended to, nor shall be construed to limit the jurisdiction of the Atlantic County Division of Public Health or the Department of Environmental Protection to enforce violations of the Solid Waste Management Act, the County Environmental Health Act or Chapter 92 of the Atlantic County Administrative Code,[1] nor to limit the jurisdiction of law enforcement officials
to prosecute for the violation of statutes not covered by the terms
of this chapter.
